Chapter 65: The Spiritual Court and the Woodshed

December 31, 1985, New Year's Eve, McKinley, Ohio

"I'm pregnant!" Milena declared a few minutes after Elizaveta and I arrived at Doctor Blahnik's house on New Year's Eve.

"Congratulations!" I replied. "When are you due?"

"Late June or early July."

"Good timing," I observed.

"It means I won't teach a Summer course, but otherwise, it works out perfectly."

"Happy anniversary! And speaking of that, where's Joel?"

"He ran to Kroger with Derek to pick up some last-minute things. Mom's usually very organized but I threw her for a loop yesterday when I told her I was having a baby."

"I can see that, given I wasn't expecting you to have a baby for a couple of years."

"Things change," she said with a smile.

"They do."

"Congratulations, Milena," Elizaveta said.

"Is anyone else here yet?" I asked.

"Mom's in the kitchen. Deb is here with Alan, and her sister Chloé is here as well. Cassandra is here, too. Others should start arriving soon. I'm going to go help Mom."

"We'll come to say 'hello'," I replied.

Elizaveta and I followed Milena into the kitchen, where we greeted Doctor Blahnik.

"Is there anything we can do?" I asked.

"Just enjoy yourselves!"

"Thanks."

"I'm guessing you can't dance tonight," Milena observed.

"I didn't ask permission from the bishop to be without my cassock, so no. I will sing, though, as I promised."

Elizaveta and I left the kitchen and found Deb, Alan, Chloé, and Cassandra in the music room.

"Well, THAT is different!" Cassandra declared.

"Hi, Cassandra," I replied. "I take it Joel didn't tell you?"

"I may be nineteen now, but I'm STILL the 'bratty little sister'! Not to mention, I haven't been here since the wedding."

"A lot has happened since then," I replied. "This is my wife, Elizaveta, and the cassock is because I was ordained a deacon in the Orthodox Church. Elizaveta, this is Joel's younger sister, Cassandra."

They exchanged greetings.

"You're in medical school now, right, Mike?" Cassandra asked.

"Yes. I just finished the first semester. Are you in college now?"

"USC. I'm in the chemistry program, but I'm not sure which route I'll take — chemistry, chemical engineering, or medicine."

"There will be plenty of budding doctors here tonight if you want to talk to us — Clarissa, Maryam, and Fran, who are part of my study group. Fran's husband, Jason, is a biochemistry major, and he might be able to give you advice as well."

"Cool. I assume my sister-in-law told you the news?"

"She did. When did you find out?"

"This morning! They kept it secret except from Milena's mom until today. They called my parents right after they told me."

"How did you guys meet?" Elizaveta asked.

"At my brother's wedding. Joel asked Mike to walk me to my motel because my parents are total lightweights who left way earlier than I wanted to!"

"Are they here?" I asked.

"No. I decided to get away and come here."

"My brother was complaining about how cold it is here," Elizaveta said. "He's a Junior at UCLA studying engineering."

More guests began arriving, and I greeted those I knew. When Joel and Derek returned, I congratulated Joel on Milena's pregnancy and wished him 'Happy anniversary'. As was the norm for New Year's Eve parties, things didn't get into full swing until around 10:00pm, and not long after that, José and I both played our guitars and sang, I sang a duet with Elizaveta, and then played my balalaika, which was followed by Milena, José, and I singing several Billy Joel and Beatles songs.

At midnight, I accepted a half-glass of champagne, as did Elizaveta, and we toasted the New Year and shared a chaste kiss. Because we couldn't dance and didn't want to drink, we left just before 1:00am and headed home.

January 1, 1986, New Year's Day, McKinley, Ohio

"Once more before we shower, then sleep?" Elizaveta asked just after 4:00am.

I chuckled, "Sleep?"

"I have another week before school starts, but you start school again tomorrow! You need to sleep. And you have study group tonight, so you can't be in bed early."

"True. If it weren't for the Spiritual Court tomorrow afternoon, I would have suggested we only meet for two hours tonight, but we need to review our anatomy lesson for Friday."

"What are you going to do?"

"Exactly what I said — listen to what Vladyka has to say, then listen to what amounts to the prosecution and defense, and make a decision in love. But remember, it's only a recommendation, because, in the end, Vladyka decides. But I thought you had something else on your mind!"

Elizaveta giggled, "That's not the part of my body I'd like to be using right now!"

We made love for the fourth time, then went to take a shower. We decided to have a very light meal, then changed the sheets and slept until 2:00pm.

"May I say now that I officially hate your schedule?" Elizaveta asked as we ate a light lunch. "And yes, I know it's going to be worse in the future."

"You may, so long as you don't have any regrets."

"No way! I have exactly what I wanted! Yes, I'd be happy with more time, but I knew what I was signing up for. And you know what?"

"What?"

"Sex is even better than I imagined!"

"Promise you'll tell me if you start to feel neglected?"

"I promise! What are we doing this afternoon?"

"Relaxing. Let's put on some music, and we can cuddle and read. Then we can have a light dinner a bit early so we don't have to rush to clean up before the study group arrives."

"Sounds good!" Elizaveta agreed.

That's what we did, spending an enjoyable few hours before eating again. We finished dishes about ten minutes before the gang arrived, and Elizaveta went to the small bedroom to work on some dresses she was making for herself, Tasha, and Serafima for Mark and Alyssa's crowning ceremony.

"How were things in Florida?" Fran asked Peter.

"A heck of a lot warmer than here! But I hung out with my best friend from High School, which was really cool. Shall we get started?"

"Flashcard review first?" Fran asked. "Then anatomy?"

"Sounds like a plan," Sandy said, sounding MUCH more relaxed than she had before break.

"Did I mention how much it sucks that we have so little time off?" Fran asked.

"Only about fifteen times on Christmas Eve morning!" I replied.

"Oh, shut up!" Fran exclaimed, but she was laughing, "Where are your flashcards?"

"On the table next to you."

Four hours later, Peter, Maryam, Fran, Clarissa, and Sandy left, and Elizaveta came out of the small bedroom.

"I'm glad you waited up," I said.

"I don't have school until Monday, and I really like going to bed at the same time! Are we running in the morning?"

"Yes."

"Then let's go to bed."

"Music to my ears!" I replied, taking her hand and leading her to the bedroom.

January 2, 1986, McKinley, Ohio

At the appointed time on Thursday afternoon, the members of the Spiritual Court gathered in the nave of Saint Michael the Archangel. The 'prosecution' — Father James and Protodeacon Seraphim; the 'defense' — Father Stephen; the two other members of the spiritual court — Father Deacon David from All Saints in Toledo and Father John from Saint Nicholas in Akron; and Subdeacon Alexi, from the Cathedral, who would make an official record via notes and a tape recorder.

As was the practice for a Spiritual Court, the bishop's throne was set in the middle of the church, with two tables slightly in front of it and to either side, where the four members of the Court would sit. Facing it were two tables, one for the 'prosecution' and one for the 'defense'. With everyone assembled, the Bishop spoke.

"The role of the Spiritual Court is, first and foremost, to assist the bishop in maintaining faith and good order. It must be conducted in Christian love, and must, from start to finish, be an exercise of prayer. We will pray the Trisagion prayers before we begin the hearing."

We prayed and recited the Nicene Creed, then everyone took their places.

"We sit here, in the temple, amidst the 'great cloud of witnesses' and before the icon of Our Lord, at the request of Father Deacon Vasily. Everyone here has read the report, and the recommendation by Father James and Protodeacon Seraphim, that Father Deacon Vasily be deposed from the order of the diaconate, on account of his behavior towards his daughter, Alexandra, and the public accusations made in Family Court, which resulted in a determination that he improperly pressured Alexandra to marry Yaroslav Romanovich. For your information, Yaroslav Romanovich has requested an ecclesiastical divorce, and I intend to grant it."

I had read the report, and I just didn't see it. Part of it was that I had been involved in the events leading up to the marriage, and knew things which had not come out in Family Court, nor in the report that was presented. Some of them I witnessed first-hand, but others I only knew through Tasha. Having contemplated the entirety of the record, including my personal knowledge, for me, keeping an open mind meant a willingness to recommend that deacon Vasily be deposed.

Normally, as I understood how secular courts worked, my relationship with Father Deacon Vasily, and my involvement with Sasha, would have required me to recuse myself. The rules were a bit more flexible for a Spiritual Court, but given Deacon Vasily had nominated me, and he would be the one to object if there was a conflict of interest, the bishop had allowed his request.

The actual problem, having read the report, was that the canons, as interpreted by Vladyka ARKADY, were quite clear. While the ruling against Deacon Vasily wasn't a criminal conviction, it was a ruling by a secular court that he had done something for which he could have been criminally charged. The report had included a notation that the County Prosecutor had declined to prefer charges, but the ruling from Family Court had stated, quite clearly, that Deacon Vasily had unlawfully pressured Sasha into marrying Yaroslav.

"Father James, if you would please begin?" Vladyka ARKADY requested.

"Yes, of course, Vladyka," Father James replied, and then he stood and briefly described the findings of the Family Court, before moving on to the rationale behind the recommendation that Deacon Vasily be deposed from the order of the diaconate.

"Our analysis has to begin with the Holy Apostle Paul's First Letter to Timothy, where it says that deacons must manage their children and their households well, which, taken together with the previous verses about bishops, and by extension priests, is the primary source for our standards.

"Over the centuries, the Ecumenical Councils and local synods of bishops have applied various standards, sometimes with «akriveia» or 'strictness', and sometimes with «ekonomia» or leniency. In reviewing the relevant canons and the Archdiocesan clergy manual, as well as previous cases, unlawful activity, which is not a matter of faith, nearly always results in the clergyman being deposed from his position and returned to the ranks of the laity. In extreme cases, excommunication for a term of years is also warranted.

"There is no need for us to belabor the points made in our report, so I will simply summarize. Father Deacon Vasily was found by a competent secular court to have engaged in unlawful behavior with regard to his daughter Alexandra, who was a minor at the time, by pressuring her to marry against her will. Our own clergy manual clearly states that any unlawful activity with regard to children, is, with a credible accusation, cause for immediate suspension and deposition from the clerical ranks. And finally, because the accusations are public, he is no longer 'beyond reproach', the standard set by the Holy Apostle Paul in his epistles."

He sat down.

"Father Deacon Seraphim, do you have anything to add?" Vladyka asked.

"No, Vladyka, I do not."

"Then Father Stephen, please begin," the bishop requested.

"Thank you, Vladyka," he replied, standing up. "I want to begin with one very important point, and that is that Father Deacon Vasily has not been charged with any crime, let alone convicted of one. As Father James has reported, the secular authorities did not pursue any criminal charges. While it is true that the Family Court judge did state in her ruling that Alexandra was improperly pressured, we believe the totality of the record shows that Alexandra misunderstood the civil annulment process.

"It is not our intent to besmirch Alexandra's character or reputation, and Deacon Vasily has expressly prohibited me from doing so, but to say that there was a misunderstanding is not an attack on her character. The judge in Family Court stated quite clearly that Alexandra was entitled to an annulment as a matter of law, simply because she was a minor when she married and had filed before the statute of limitations had expired.

"The dilemma the judge encountered was that Alexandra had not cited that part of the statute and, as such, it could not be a basis for her ruling. In addition, between the time the original request was filed and the hearing date, the statute of limitations expired. That meant that it was impossible for Alexandra to dismiss her petition and file a new one on what would have been proper grounds. Given the judge felt Alexandra was entitled to an annulment as a matter of law, but had made an error which might have been avoided had she consulted an attorney, she chose to grant the annulment based on Alexandra's petition.

"The question is, then, how to proceed. This Spiritual Court must evaluate, in love, the impact of their ruling on all concerned — Father Deacon Vasily, Alexandra, Holy Transfiguration, the Diocese of Ohio, and the Archdiocese. In all of these, the spiritual health of individuals, parishes, and the diocese must weigh strongly on the decision of the Spiritual Court. We are not here to punish but to 'work out our salvation in fear and trembling' as the Holy Apostle Paul wrote to the Philippians.

"In our view, the totality of the situation, from start to finish, was an unfortunate sequence of events, started in motion by an error in judgment on the part of a young woman, who, as we all know, became pregnant, out of wedlock, at age fifteen. Whatever else may have happened, her decision to keep her baby created enormous pressure, tension, and strain on all of her relationships, most especially with her father.

"The report makes a point that Father Deacon Vasily lost his temper when Alexandra revealed her pregnancy, but that was short-lived, thanks to the intervention of a brother clergyman. The report makes a point that being 'hot-tempered' is a disqualification for a clergyman, but a single instance is not a pattern, and as the father of two teenage girls, I do believe I can understand, as I am sure Father James, Protodeacon Seraphim, and Father Deacon David can attest, each having a daughter.

"Next, we turn to the reports of Father Deacon Vasily 'pressuring' Alexandra. At first, this was to find out the name of the baby's father, something which she adamantly refused to disclose for a time, until, again, several clergymen stepped in and encouraged her to do so. I do not believe that pressure is anything any of us can say was unreasonable, given the circumstances.

"It's important to note that at no time did Father Deacon Vasily pressure, or even encourage, Alexandra to marry the baby's father, and ultimately, an agreement was reached with the young man's parents for child support. At that point, Alexandra's sister, Natalya, approached Yaroslav Romanovich, who she knew was interested in Alexandra, but who had refrained from expressing his interest in Alexandra because of her age. He had intended to ask Deacon Vasily's permission to court Alexandra once she turned sixteen.

"Father Deacon Vasily and Matushka Alexandra certainly encouraged the relationship, as did Natalya and Father Herman, but this did not rise to the level of 'inappropriate pressure' or compulsion, and is, in fact, normal behavior for parents in such a situation. Given the long tradition of attempts to arrange marriages in some of our parishes, something all of us except Your Grace have experienced either personally or observationally, nothing that happened was out of the ordinary, given all the circumstances.

"The question then is, if Father Deacon Vasily behaved properly, and within the bounds of a parental relationship, do the allegations made, and the ruling of the Family Court rise to the level where 'good faith and order' and the standard of 'beyond reproach' compel him to be deposed from the ranks of the clergy. They do not.

"The congregation at Holy Transfiguration believe that Father Deacon Vasily behaved properly, and do not want him to suffer what amounts to severe punishment for something which they believe was appropriate. I have with me, and will submit to the Spiritual Court, a letter from the Parish Council requesting that Deacon Vasily be restored immediately.

"The question before us is, did the events besmirch the Holy Church in such a way that, in order to protect herself from public accusations, some action must be taken? We believe, when the totality of the facts are examined, that there is little to no risk of any kind of negative public reaction. Nothing has been reported in the press, save the publication of a one-line notice that Alexandra's marriage to Yaroslav Romanovich was dissolved by annulment, a practice required by the laws of the State of Ohio.

"Most certainly, the suspension during the investigation was completely appropriate, and we have not challenged that in any way. But, it is our firm belief that the suspension should now be lifted, and Deacon Vasily restored to his position of service at Holy Transfiguration. He has a long record of faithful service to the Church, is a well-respected member of the parish and the secular community, and has an exemplary reputation as a pharmacist."

He sat down.

"Are there any questions the members of the Spiritual Court would like to ask?" Vladyka ARKADY inquired.

"Yes, Your Grace," Father John replied. "I understand that it might be inappropriate to ask, but there are rumors about Alexandra's behavior, which I think are quite relevant."